1.1 A bill for an act
1.2 relating to utilities; changing certain
1.3 telecommunications provisions; providing credits for
1.4 incorrect directory assistance; regulating utility
1.5 deposits; repealing obsolete rules; regulating cable
1.6 franchises; providing for expanded calling areas;
1.7 providing for reduced rate regulation for local
1.8 service; providing for consumer protection for
1.9 wireless customers; regulating cable systems; imposing
1.10 penalties; amending Minnesota Statutes 2002, sections
1.11 237.01, by adding a subdivision; 237.06; 237.462,
1.12 subdivision 1; 238.02, subdivision 3; 238.03; 238.08,
1.13 subdivisions 3, 4; 238.081; 238.083, subdivisions 2,
1.14 4; 238.084, subdivision 1; 238.11, subdivision 2;
1.15 238.22, subdivision 13; 238.23; 238.24, subdivisions
1.16 3, 4, 6, 9, 10; 238.242, subdivisions 1, 3; 238.25,
1.17 subdivisions 5, 10; 238.35, subdivisions 1, 4; 238.36,
1.18 subdivision 2; 238.39; 238.40; 238.43, subdivision 1;
1.19 325E.02; Laws 1999, chapter 224, section 7; proposing
1.20 coding for new law in Minnesota Statutes, chapters
1.21 237; 238; 325F; repealing Minnesota Statutes 2002,
1.22 sections 238.01; 238.02, subdivisions 2, 17, 18, 19,
1.23 25; 238.082; 238.083, subdivisions 3, 5; 238.084,
1.24 subdivisions 2, 3, 5; 238.12, subdivision 1a; 238.36,
1.25 subdivision 1; Minnesota Rules, parts 7810.0100,
1.26 subparts 16, 17, 18, 30, 32, 33, 39; 7810.0700;
1.27 7810.3400; 7810.3500; 7810.3600; 7810.3700; 7810.3800;
1.28 7810.4200; 7810.4400; 7810.4500; 7810.4600; 7810.4700;
1.29 7810.4800; 7810.5600; 7810.6900; 7810.8760; 7815.0100;
1.30 7815.0200; 7815.0300; 7815.0400; 7815.0500; 7815.0600.
1.31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.32 ARTICLE 1
1.33 INCORRECT DIRECTORY ASSISTANCE
1.34 Section 1. Minnesota Statutes 2002, section 237.01, is
1.35 amended by adding a subdivision to read:
1.36 Subd. 8. [LOCAL EXCHANGE CARRIER.] "Local exchange carrier"
1.37 means a telephone company or telecommunications carrier
1.38 providing local exchange service.
2.1 Sec. 2. [237.155] [CREDIT FOR INCORRECT DIRECTORY
2.2 ASSISTANCE.]
2.3 A local exchange carrier that provides directory assistance
2.4 to customers for a fee, either directly or by contracting with a
2.5 third party, must provide for an immediate credit to a customer
2.6 that informs the directory assistance provider that the provider
2.7 has given the customer incorrect information for which the
2.8 provider charged the customer a fee. A local exchange carrier
2.9 must notify its customers of the right to the immediate credit
2.10 for incorrect directory assistance. The notice must be in a
2.11 writing labeled "NOTICE OF RIGHT TO INCORRECT DIRECTORY
2.12 ASSISTANCE CREDIT." The notice must be given to a new customer
2.13 within 45 days of commencing service and at least annually
2.14 thereafter and the notification print must be of sufficient size
2.15 to be clearly legible.
2.16 ARTICLE 2
2.17 UTILITY DEPOSITS
2.18 Section 1. Minnesota Statutes 2002, section 237.06, is
2.19 amended to read:
2.20 237.06 [REASONABLE RATE RATES AND SERVICE DEPOSITS.]
2.21 It shall be the duty of every telephone company to furnish
2.22 reasonably adequate service and facilities for the accommodation
2.23 of the public, and its rates, tolls, and charges shall be fair
2.24 and reasonable for the intrastate use thereof. All unreasonable
2.25 rates, tolls, and charges are hereby declared to be unlawful.
2.26 Any telephone company organized after January 1, 1949, may
2.27 include in its charges a reasonable deposit fee not exceeding
2.28 $50 for facilities furnished.
2.29 Sec. 2. Minnesota Statutes 2002, section 325E.02, is
2.30 amended to read:
2.31 325E.02 [CUSTOMER DEPOSITS.]
2.32 Any customer deposit required before commencement of
2.33 service by a privately or publicly owned water, gas, telephone,
2.34 cable television, electric light, heat, or power company shall
2.35 be subject to the following:
2.36 (a) Upon termination of service with all bills paid, the
3.1 deposit shall be returned to the customer within 45 days, less
3.2 any deductions made in accordance with paragraph (c).
3.3 (b) Interest shall be paid on deposits in excess of $20 at
3.4 the rate of not less than three percent per year. The rate of
3.5 interest must be set annually and be equal to the weekly average
3.6 yield of one-year United States Treasury securities adjusted for
3.7 constant maturity for the last full week in November. The
3.8 interest rate must be rounded to the nearest tenth of one
3.9 percent. By December 15 of each year, the commissioner of
3.10 commerce shall announce the rate of interest that must be paid
3.11 on all deposits held during all or part of the subsequent year.
3.12 The company may, at its option, pay the interest at intervals it
3.13 chooses but at least annually, by direct payment, or as a credit
3.14 on bills.
3.15 (c) At the time the deposit is made the company shall
3.16 furnish the customer with a written receipt specifying the
3.17 conditions, if any, the deposit will be diminished upon return.
3.18 (d) Advance payments or prepayments shall not be construed
3.19 as being a deposit.
3.20 Sec. 3. [RULES OR ORDERS SUPERSEDED.]
3.21 The interest rate set in section 2 supersedes any rate set
3.22 in rule or by administrative order.
3.23 Sec. 4. [EFFECTIVE DATE.]
3.24 Section 2 applies to interest paid on deposits held as of
3.25 January 1, 2005, and thereafter.
3.26 ARTICLE 3
3.27 OBSOLETE RULES REPEALER
3.28 Section 1. [REPEALER.]
3.29 Minnesota Rules, parts 7810.0100, subparts 16, 17, 18, 30,
3.30 32, 33, and 39; 7810.0700; 7810.3400; 7810.3500; 7810.3600;
3.31 7810.3700; 7810.3800; 7810.4200; 7810.4400; 7810.4500;
3.32 7810.4600; 7810.4700; 7810.4800; 7810.5600; 7810.6900;
3.33 7810.8760; 7815.0100; 7815.0200; 7815.0300; 7815.0400;
3.34 7815.0500; and 7815.0600, are repealed.
3.35 ARTICLE 4
3.36 EXTENDED SERVICE AREAS
4.1 Section 1. [237.414] [EXPANDED CALLING AREAS; TRANSPORT
4.2 FACILITIES; TERMINATIONS.]
4.3 Subdivision 1. [EXPANDED CALLING AREAS.] (a) In addition
4.4 to any existing authority applicable to telephone companies, a
4.5 telephone company may expand the area to which it can provide
4.6 calling to its customers upon filing with the commission any
4.7 agreements between the telephone company and other telephone
4.8 companies and telecommunications carriers entered into under
4.9 subdivision 3. Calling to these expanded areas must be optional
4.10 to customers and must be in addition to the customers' existing
4.11 local service and any extended area service. Subject to
4.12 sections 237.06 and 237.09, the telephone company may determine
4.13 the quantity of expanded calling to provide, the prices for that
4.14 calling, and whether to offer calling alone or in combination
4.15 with one or more other telephone or unregulated services.
4.16 (b) Prices for expanded calling service or for bundles of
4.17 services that include expanded calling must exceed the variable
4.18 cost of the expanded calling service or bundles of services,
4.19 determined on an aggregate basis. A telephone company is not
4.20 required to file cost information before implementing its prices
4.21 and is not required to file cost information except on request
4.22 of the department, Office of the Attorney General, or
4.23 commission. Customers must be notified of local service options
4.24 and prices, including options that do not include expanded
4.25 calling, as required under section 237.66. The telephone
4.26 company shall clearly identify the distinction between the
4.27 expanded calling area and the basic local calling area to
4.28 customers. The telephone company is not required to offer
4.29 unlimited flat-rate calling to these expanded calling areas.
4.30 The telephone company shall file tariffs setting forth the
4.31 expanded calling area along with the applicable prices and
4.32 quantities of calling.
4.33 (c) A rate increase or a substantial change in terms and
4.34 conditions of the expanded calling service may be effective 30
4.35 days after filing with the commission and 30 days after
4.36 providing written notice to affected customers. Rate decreases
5.1 may be effective immediately upon filing. Minor changes to
5.2 terms and conditions may be effective immediately upon filing
5.3 and upon notice to customers. This section does not apply to
5.4 extended area service or to calling areas previously or
5.5 hereafter established by order of the commission. This section
5.6 does not limit the existing rights and obligations of telephone
5.7 companies and telecommunications carriers to provide local
5.8 calling, including the obligation to offer unlimited flat rate
5.9 calling in the basic local calling area or expanded calling area.
5.10 Subd. 2. [OBTAINING TRANSPORT, SWITCHING FACILITIES.] A
5.11 telephone company may construct, purchase, lease, or rent
5.12 transport and switching facilities between its existing local
5.13 area and the expanded calling area that are needed to provide
5.14 the expanded calling. If the telephone company is unable to
5.15 reach agreement with other telephone companies or
5.16 telecommunications carriers, the company or carrier may petition
5.17 the commission under section 237.12 to resolve issues regarding
5.18 prices, terms, and conditions for use of any transport
5.19 facilities that are subject to the jurisdiction of the
5.20 commission.
5.21 Subd. 3. [TERMINATION OF EXPANDED CALLING TRAFFIC.] (a) A
5.22 telephone company providing an expanded calling area under this
5.23 section may enter into an agreement to terminate calls with
5.24 telephone companies and telecommunications carriers providing
5.25 service within the expanded calling area. Compensation to the
5.26 telephone company or telecommunications carrier to terminate
5.27 expanded calling into such areas must be the intrastate access
5.28 charges of the telephone company or telecommunications carrier
5.29 terminating the call or other rates agreed upon by the companies.
5.30 (b) Two telephone companies that provide expanded calling
5.31 between their respective areas may also enter into "bill and
5.32 keep" arrangements for exchange of the expanded calling area
5.33 traffic.
5.34 (c) The telephone company shall file with the commission
5.35 any agreements for termination of calling by telephone companies
5.36 and telecommunications carriers providing service within the
6.1 expanded calling area. The prices, terms, and conditions
6.2 contained in the agreements required to be filed shall be
6.3 publicly disclosed in their entirety, and other terminating
6.4 carriers may elect to adopt those prices, terms, and conditions
6.5 in whole or in part for technically similar services provided in
6.6 the exchanges included in the agreement.
6.7 Subd. 4. [AMENDING OR TERMINATING EXPANDED CALLING
6.8 SERVICE.] Except for calling areas that result from a prior or
6.9 subsequent order of the commission, a telephone company may
6.10 amend or terminate the expanded calling area service upon 30
6.11 days' written notice to customers, the commission, and other
6.12 telephone companies and telecommunications carriers providing
6.13 local service in the expanded area. The notice to customers of
6.14 an amendment to the expanded calling area or termination of an
6.15 expanded calling area must be sent separately from other
6.16 mailings and clearly explain how the expanded calling area is
6.17 being changed. The notice to customers of an amendment must
6.18 also clearly identify that calls to areas outside of the
6.19 expanded calling area will be long distance calls billed at the
6.20 applicable rate of the customer's long distance carrier. The
6.21 notice to customers of a termination must clearly identify that
6.22 calls to the terminated expanded calling area will become long
6.23 distance calls billed at the applicable rate of the customer's
6.24 long distance carrier.
6.25 Sec. 2. [237.43] [ANNUAL UNIVERSAL SERVICE FUNDING
6.26 CERTIFICATION.]
6.27 In determining whether to provide the annual certification
6.28 of any eligible telecommunications carrier for continued receipt
6.29 of federal universal service funding, the commission shall apply
6.30 the same standards and criteria to all eligible
6.31 telecommunications carriers.
6.32 ARTICLE 5
6.33 WIRELESS CONSUMER PROTECTION
6.34 Section 1. [325F.695] [CONSUMER PROTECTIONS FOR WIRELESS
6.35 CUSTOMERS.]
6.36 Subdivision 1. [DEFINITIONS.] The definitions in this
7.1 subdivision apply to this section.
7.2 (a) "Contract" means an oral or written agreement of
7.3 definite duration between a provider and a customer, detailing
7.4 the wireless telecommunications services to be provided to the
7.5 customer and the terms and conditions for provision of those
7.6 services.
7.7 (b) "Wireless telecommunications services" means commercial
7.8 mobile radio services as defined in Code of Federal Regulations,
7.9 title 47, part 20.
7.10 (c) "Provider" means a provider of wireless
7.11 telecommunications services.
7.12 (d) "Substantive change" means a modification to, or
7.13 addition or deletion of, a term or condition in a contract that
7.14 could result in an increase in the charge to the customer under
7.15 that contract or that could result in an extension of the term
7.16 of that contract. "Substantive change" includes a modification
7.17 in the provider's administration of an existing contract term or
7.18 condition. A price increase that includes only the actual
7.19 amount of any increase in taxes or fees, which the government
7.20 requires the provider to impose upon the customer, is not a
7.21 substantive change for purposes of this section.
7.22 Subd. 2. [COPY OF CONTRACT.] A provider must provide each
7.23 customer with a written copy of the customer's contract between
7.24 the provider and the customer within 15 days of the date the
7.25 contract is entered into. The provider may meet the requirement
7.26 to provide a written copy of the contract by providing an
7.27 electronic copy of the contract at the customer's request. A
7.28 provider must maintain verification that the customer accepted
7.29 the terms of the contract for the duration of the contract
7.30 period.
7.31 Subd. 3. [PROVIDER-INITIATED SUBSTANTIVE CHANGE.] A
7.32 provider must notify the customer in writing of any proposed
7.33 substantive change in the contract between the provider and the
7.34 customer 60 days before the change is proposed to take effect.
7.35 The change only becomes effective if the customer opts in to the
7.36 change by affirmatively accepting the change prior to the
8.1 proposed effective date in writing or by oral authorization
8.2 which is recorded by the provider and maintained for the
8.3 duration of the contract period. If the customer does not
8.4 affirmatively opt in to accept the proposed substantive change,
8.5 then the original contract terms shall apply.
8.6 Subd. 4. [CUSTOMER-INITIATED CHANGE.] If the customer
8.7 proposes to the provider any change in the terms of an existing
8.8 contract, the provider must clearly disclose to the customer
8.9 orally or electronically any substantive change to the existing
8.10 contract terms that would result from the customer's proposed
8.11 change. The customer's proposed change is only effective if the
8.12 provider agrees to the proposed change and the customer agrees
8.13 to any resulting changes in the contract. The provider must
8.14 maintain recorded or electronic verification of the disclosure
8.15 for the duration of the contract period.
8.16 Subd. 5. [EXPIRATION.] This section expires August 1, 2007.
8.17 Sec. 2. [EFFECTIVE DATE.]
8.18 Section 1 is effective on July 1, 2004, and applies to
8.19 contracts for wireless service entered into on or after May 1,
8.20 2004.
8.21 ARTICLE 6
8.22 REDUCED RATE REGULATION
8.23 Section 1. [237.411] [REDUCED RATE REGULATION FOR CERTAIN
8.24 BUSINESS CUSTOMERS.]
8.25 Subdivision 1. [BUSINESS CUSTOMER; DEFINED.] For the
8.26 purpose of this section, "business customer" means a customer
8.27 subscribing to four or more business lines.
8.28 Subd. 2. [COMPETITIVE AREA; DEFINED.] A "competitive area"
8.29 is an exchange located:
8.30 (1) in the metropolitan area extended area service
8.31 toll-free calling area; or
8.32 (2) in the cities of Duluth or St. Cloud.
8.33 Subd. 3. [REDUCED RATE REGULATION.] The rates, prices,
8.34 tariffs, or charges to a business customer in a competitive area
8.35 by a telephone company or a telecommunications carrier offering
8.36 local service are only subject to sections 237.07, subdivision
9.1 1; 237.66; and 237.663, and are not subject to any rules
9.2 imposing rate or price restrictions beyond those sections or to
9.3 other order or investigation of local rates under section
9.4 237.081.
9.5 Subd. 4. [PROTECTION FROM ANTICOMPETITIVE PRICING.] This
9.6 subdivision applies to prices governed by subdivision 3. A
9.7 telephone company must not price its local telephone services,
9.8 whether offered singly or as part of a bundle of services, below
9.9 the total service long-run incremental cost of providing the
9.10 service or services.
9.11 Subd. 5. [ENFORCEMENT.] (a) The powers and duties granted
9.12 to the commission by section 237.081 apply to violations or
9.13 suspected violations of this section. A person aggrieved by a
9.14 violation of this section may file a complaint as provided in
9.15 section 237.081, which shall be treated as any other complaint
9.16 filed under that section. The commissioner of commerce may
9.17 investigate violations or alleged violations of this section.
9.18 (b) Sections 237.461 and 237.462 apply to violations of
9.19 this section.
9.20 Sec. 2. Minnesota Statutes 2002, section 237.462,
9.21 subdivision 1, is amended to read:
9.22 Subdivision 1. [AUTHORITY TO ISSUE PENALTY ORDERS.] After
9.23 a proceeding under section 237.081, the commission may issue an
9.24 order administratively assessing monetary penalties for knowing
9.25 and intentional violations of:
9.26 (1) sections 237.09, 237.121, and 237.16, and 237.411 and
9.27 any rules adopted under those sections;
9.28 (2) any standards, limitations, or conditions established
9.29 in a commission order pursuant to sections 237.09, 237.121, and
9.30 237.16, and 237.411;
9.31 (3) an approved interconnection agreement if the violation
9.32 is material; and
9.33 (4) any duty or obligation of a telephone company, a
9.34 telecommunications carrier, or a telecommunications provider
9.35 imposed upon such telephone company, telecommunications carrier,
9.36 or telecommunications provider by section 251, paragraph (a),
10.1 (b), or (c) of the Telecommunications Act of 1996 that relates
10.2 to service provided in the state. The penalty order must be
10.3 issued as provided in this section.
10.4 Sec. 3. Laws 1999, chapter 224, section 7, is amended to
10.5 read:
10.6 Sec. 7. [SUNSET.]
10.7 Sections 2 and 4 expire on August 1, 2005, and Minnesota
10.8 Statutes 1998, sections 237.63, 237.65, and 237.68, expire on
10.9 December 31, 2004.
10.10 Sec. 4. [PUBLIC UTILITIES COMMISSION RESPONSIBILITIES.]
10.11 (a) By January 15, 2005, the Public Utilities Commission
10.12 must develop, in consultation with the Office of the Attorney
10.13 General and the Department of Commerce, a means for resolution
10.14 of small consumer complaints with a monetary reimbursement
10.15 component.
10.16 (b) By January 15, 2005, the Public Utilities Commission
10.17 must develop and recommend to the legislature a plan for
10.18 increasing the number of plans offering flat-rate statewide
10.19 calling, making them available to all customers in Minnesota,
10.20 and addressing methods of reducing the cost of such plans.
10.21 Sec. 5. [EXPIRATION.]
10.22 This article expires August 1, 2010.
10.23 ARTICLE 7
10.24 CABLE SYSTEM CHANGES
10.25 Section 1. Minnesota Statutes 2002, section 238.02,
10.26 subdivision 3, is amended to read:
10.27 Subd. 3. [CABLE COMMUNICATIONS SYSTEM.] (a) "Cable
10.28 communications system" means a system which operates that (1)
10.29 provides the service of receiving and amplifying (i) programs
10.30 broadcast by one or more television or radio stations and (ii)
10.31 other programs originated by a person operating a cable
10.32 communications company system or by another party, and
10.33 distributing person, and (2) distributes those programs by wire,
10.34 cable, microwave, or other means, regardless of whether the
10.35 means are owned or leased, to persons who subscribe to the
10.36 service.
11.1 (b) This definition does not include:
11.2 (a) (1) a system which that serves fewer than 50
11.3 subscribers or a system which that serves more than 50 but fewer
11.4 than 1,000 subscribers if the governing bodies of all political
11.5 subdivisions served by the system, vote, by resolution, to
11.6 remove the system from the provisions of this chapter.; provided
11.7 that:
11.8 (i) no part of a system, nor any area within the
11.9 municipality served by the system, may be removed from the
11.10 provisions of this chapter if more than 1,000 subscribers are
11.11 served by the system.; and
11.12 (ii) any system which serves serving more than 50 but fewer
11.13 than 1,000 subscribers that has been removed from the provisions
11.14 of this chapter shall be returned becomes subject to the
11.15 provisions of this chapter if the governing bodies of 50 percent
11.16 or more of the political subdivisions served by the system vote,
11.17 by resolution, in favor of the return;
11.18 (b) (2) a master antenna television system;
11.19 (c) (3) a specialized closed-circuit system which that does
11.20 not use the public rights-of-way for the construction of its
11.21 physical plant; and
11.22 (d) (4) a translator system which that receives and
11.23 rebroadcasts over-the-air signals.
11.24 Sec. 2. Minnesota Statutes 2002, section 238.03, is
11.25 amended to read:
11.26 238.03 [APPLICABILITY.]
11.27 This chapter applies to every cable communications system
11.28 and every cable communications company, as defined in section
11.29 238.02, operating within the state, including a cable
11.30 communications company which constructs, operates and maintains
11.31 a cable communications system comprised in whole or in part
11.32 through the of facilities of a person franchised to offer common
11.33 or contract carrier services subject to regulation under chapter
11.34 237. Persons possessing franchises for any of the purposes of
11.35 this chapter are subject to this chapter although no property
11.36 has been acquired, business transacted, or franchises exercised.
12.1 Sec. 3. Minnesota Statutes 2002, section 238.08,
12.2 subdivision 3, is amended to read:
12.3 Subd. 3. [MUNICIPAL OPERATION.] Nothing in this chapter
12.4 shall be construed to limit Unless otherwise prohibited by
12.5 applicable law, any municipality from the right to may
12.6 construct, purchase, and operate cable communications systems,
12.7 or, to operate facilities and channels for community television,
12.8 including, but not limited to, public, educational, and
12.9 governmental access and local origination programming. Any
12.10 municipal system, including the operation of community
12.11 television by a municipality, shall be is subject to this
12.12 chapter to the same extent as would any nonpublic cable
12.13 communications system.
12.14 Sec. 4. Minnesota Statutes 2002, section 238.08,
12.15 subdivision 4, is amended to read:
12.16 Subd. 4. [FEE, TAX, OR CHARGE.] Nothing in this chapter
12.17 shall be construed to limit the power of any municipality to
12.18 impose upon any person operating a cable communications company
12.19 system a fee, tax, or charge.
12.20 Sec. 5. Minnesota Statutes 2002, section 238.081, is
12.21 amended to read:
12.22 238.081 [FRANCHISE PROCEDURE.]
12.23 Subdivision 1. [PUBLICATION OF NOTICE.] The franchising
12.24 authority shall have published once each week for two successive
12.25 weeks in a newspaper of general circulation in each municipality
12.26 within the cable service territory, a notice of intent
12.27 to consider an application for a franchise, requesting
12.28 applications for the franchise other than a franchise renewal
12.29 pursuant to the United States Code, title 47, section 546.
12.30 Subd. 2. [REQUIRED INFORMATION IN NOTICE.] The notice must
12.31 include at least the following information:
12.32 (1) the name of the municipality making the request;
12.33 (2) the closing date for submission of applications;
12.34 (3) a statement of the application fee, if any, and the
12.35 method for its submission;
12.36 (4) a statement by the franchising authority of the desired
13.1 system design and services to be offered;
13.2 (5) a statement by the franchising authority of criteria
13.3 and priorities against which the applicants for the franchise
13.4 must be evaluated;
13.5 (6) a statement that applications for the franchise must
13.6 contain at least the information required by subdivision 4;
13.7 (7) the date, time, and place for the public hearing, to
13.8 hear proposals from franchise applicants; and
13.9 (8) the name, address, and telephone number of the
13.10 individuals who may be contacted for further information.
13.11 Subd. 3. [OTHER RECIPIENTS OF NOTICE.] In addition to the
13.12 published notice, the franchising authority shall mail copies of
13.13 the notice of intent to franchise to any person it has
13.14 identified as being a potential candidate for the franchise.
13.15 Subd. 4. [CONTENTS OF FRANCHISING PROPOSAL.] (a) The
13.16 franchising authority shall require that proposals for a cable
13.17 communications franchise be notarized and contain, but not
13.18 necessarily be limited to, the following information:
13.19 (1) plans for channel capacity, including both the total
13.20 number of channels capable of being energized in the system and
13.21 the number of channels to be energized immediately;
13.22 (2) a statement of the television and radio broadcast
13.23 signals for which permission to carry will be requested from the
13.24 Federal Communications Commission;
13.25 (3) a description of the proposed system design and planned
13.26 operation, including at least the following items:
13.27 (i) the general area for location of antennae and the head
13.28 end, if known;
13.29 (ii) the schedule for activating two-way capacity;
13.30 (iii) the type of automated services to be provided;
13.31 (iv) the number of channels and services to be made
13.32 available for access cable broadcasting; and
13.33 (v) a schedule of charges for facilities and staff
13.34 assistance for access cable broadcasting;
13.35 (4) the terms and conditions under which particular service
13.36 is to be provided to governmental and educational entities;
14.1 (5) a schedule of proposed rates in relation to the
14.2 services to be provided, and a proposed policy regarding unusual
14.3 or difficult connection of services;
14.4 (6) a time schedule for construction of the entire system
14.5 with the time sequence for wiring the various parts of the area
14.6 requested to be served in the request for proposals;
14.7 (7) a statement indicating the applicant's qualifications
14.8 and experience in the cable communications field, if any;
14.9 (8) an identification of the municipalities in which the
14.10 applicant either owns or operates a cable communications system,
14.11 directly or indirectly, or has outstanding franchises for which
14.12 no system has been built;
14.13 (9) plans for financing the proposed system, which must
14.14 indicate every significant anticipated source of capital and
14.15 significant limitations or conditions with respect to the
14.16 availability of the indicated sources of capital;
14.17 (10) a statement of ownership detailing the corporate
14.18 organization of the applicant, if any, including the names and
14.19 addresses of officers and directors and the number of shares
14.20 held by each officer or director, and intracompany relationship
14.21 including a parent, subsidiary, or affiliated company; and
14.22 (11) a notation and explanation of omissions or other
14.23 variations with respect to the requirements of the proposal.
14.24 (b) Substantive amendments may not be made in a proposal
14.25 after a proposal has been submitted to the franchising authority
14.26 and before award of a franchise Upon submission of a proposal,
14.27 the municipality and applicant may negotiate franchise terms.
14.28 Subd. 5. [TIME LIMIT TO SUBMIT APPLICATION.] The
14.29 franchising authority shall allow at least 20 days from the
14.30 first date of published notice to the closing date for
14.31 submitting applications.
14.32 Subd. 6. [PUBLIC HEARING ON FRANCHISE.] A public hearing
14.33 before the franchising authority affording reasonable notice and
14.34 a reasonable opportunity to be heard with respect to all
14.35 applications for the franchise must be completed at least seven
14.36 days before the introduction of the adoption of a franchise
15.1 ordinance in the proceedings of the franchising authority.
15.2 Subd. 7. [AWARD OF FRANCHISE.] Franchises may be
15.3 awarded only by ordinance or other official action by the
15.4 franchising authority.
15.5 Subd. 8. [COSTS OF AWARDING FRANCHISE.] Nothing in this
15.6 section prohibits a franchising authority from recovering from a
15.7 successful an applicant the entire reasonable and necessary
15.8 costs of the entire process of awarding the processing a cable
15.9 communications franchise.
15.10 Subd. 9. [FRANCHISING NONPROFIT OR MUNICIPALLY OWNED
15.11 SYSTEM.] Nothing contained in this section prohibits a
15.12 franchising authority from franchising a nonprofit or
15.13 municipally owned system. The municipality or nonprofit entity
15.14 is considered an applicant for purposes of this section.
15.15 Subd. 10. [FRANCHISE; JOINT POWERS.] In the cases of
15.16 municipalities acting in concert, the municipalities may
15.17 delegate to another entity such any duties, responsibilities,
15.18 privileges, or activities described in this section, if such the
15.19 delegation is proper according to state and local law.
15.20 Sec. 6. Minnesota Statutes 2002, section 238.083,
15.21 subdivision 2, is amended to read:
15.22 Subd. 2. [WRITTEN APPROVAL OF FRANCHISING AUTHORITY.] A
15.23 sale or transfer of a franchise, including a sale or transfer by
15.24 means of a fundamental corporate change, requires the written
15.25 approval of the franchising authority. The parties to the sale
15.26 or transfer of a franchise shall make a written request to the
15.27 franchising authority for its approval of the sale or transfer.
15.28 The franchising authority shall reply in writing within 30 days
15.29 of the request and shall indicate its approval of the request or
15.30 its determination that a public hearing is necessary if it
15.31 determines that a sale or transfer of a franchise may adversely
15.32 affect the company's subscribers. The franchising authority
15.33 shall conduct a public hearing on the request within 30 days of
15.34 that determination.
15.35 Sec. 7. Minnesota Statutes 2002, section 238.083,
15.36 subdivision 4, is amended to read:
16.1 Subd. 4. [APPROVAL OR DENIAL OF TRANSFER REQUEST.] Within
16.2 30 days after the public hearing, The franchising authority
16.3 shall approve or deny in writing the sale or transfer request.
16.4 The approval must not be unreasonably withheld.
16.5 Sec. 8. Minnesota Statutes 2002, section 238.084,
16.6 subdivision 1, is amended to read:
16.7 Subdivision 1. [ALL SYSTEMS.] The following requirements
16.8 apply to all classes A, B, and C cable communications systems
16.9 unless provided otherwise:
16.10 (a) a provision that the franchise complies shall comply
16.11 with the Minnesota franchise standards contained in this
16.12 section;
16.13 (b) a provision requiring the franchisee and the
16.14 franchising authority to conform to state laws and rules
16.15 regarding cable communications not later than one year after
16.16 they become effective, unless otherwise stated, and to conform
16.17 to federal laws and regulations regarding cable as they become
16.18 effective;
16.19 (c) a provision limiting the initial and renewal franchise
16.20 term to not more than 15 years each;
16.21 (d) a provision specifying that the franchise is must be
16.22 nonexclusive;
16.23 (e) a provision prohibiting sale or transfer of the
16.24 franchise or sale or transfer of stock so as to create a new
16.25 controlling interest under section 238.083, except at the
16.26 approval of the franchising authority, which approval must not
16.27 be unreasonably withheld, and conditioned that the sale or
16.28 transfer is completed pursuant to section 238.083;
16.29 (f) a provision granting the franchising authority
16.30 collecting a franchise fee the authority to audit the
16.31 franchisee's accounting and financial records upon reasonable
16.32 notice, and requiring that the franchisee file with the
16.33 franchising authority annually reports of gross subscriber
16.34 revenues and other information as the franchising authority
16.35 deems appropriate;
16.36 (g) provisions specifying:
17.1 (1) current subscriber charges or that the current charges
17.2 are available for public inspection in the municipality;
17.3 (2) the length and terms of residential subscriber
17.4 contracts, if they exist, or that the current length and terms
17.5 of residential subscriber contracts are available for public
17.6 inspection in the municipality; and
17.7 (3) the procedure by which subscriber charges are
17.8 established, unless such a provision is contrary to state or
17.9 federal law;
17.10 (h) a provision indicating by title the office or officer
17.11 of the franchising authority that is responsible for the
17.12 continuing administration of the franchise;
17.13 (i) a provision requiring the franchisee to indemnify and
17.14 hold harmless the franchising authority during the term of the
17.15 franchise, and to maintain throughout the term of the franchise,
17.16 liability insurance in an amount as the franchising authority
17.17 may require insuring both the franchising authority and the
17.18 franchisee with regard to damages and penalties which that they
17.19 may legally be required to pay as a result of the exercise of
17.20 the franchise;
17.21 (j) a provision that at the time the franchise becomes
17.22 effective and thereafter until the franchisee has liquidated all
17.23 of its obligation with the franchising authority, the franchisee
17.24 shall furnish a performance bond, certificate of deposit, or
17.25 other type of instrument approved by the franchising authority
17.26 in an amount as the franchising authority deems to be adequate
17.27 compensation for damages resulting from the franchisee's
17.28 nonperformance. The franchising authority may, from year to
17.29 year and in its sole discretion, reduce the amount of the
17.30 performance bond or instrument;
17.31 (k) a provision that nothing contained in the franchise
17.32 relieves a person from liability arising out of the failure to
17.33 exercise reasonable care to avoid injuring the franchisee's
17.34 facilities while performing work connected with grading,
17.35 regrading, or changing the line of a street or public place or
17.36 with the construction or reconstruction of a sewer or water
18.1 system;
18.2 (l) a provision that the franchisee's technical ability,
18.3 financial condition, and legal qualification were considered and
18.4 approved by the franchising authority in a full public
18.5 proceeding that afforded reasonable notice and a reasonable
18.6 opportunity to be heard;
18.7 (m) a provision requiring the construction of a cable
18.8 system with a channel capacity available for immediate or
18.9 potential use, equal to a minimum of 72 MHz of bandwidth, the
18.10 equivalent of 12 television broadcast channels. For purposes of
18.11 this section, a cable system with a channel capacity, available
18.12 for immediate or potential use, equal to a minimum of 72 MHz of
18.13 bandwidth means: the provision of a distribution system
18.14 designed and constructed so that a minimum of 72 MHz of
18.15 bandwidth, the equivalent of 12 television broadcast channels,
18.16 can be put into use with only the addition of the appropriate
18.17 headend equipment;
18.18 (n) a provision in initial franchises that there be a full
18.19 description of the system proposed for construction identifying
18.20 the system capacity and technical design and a schedule showing:
18.21 (1) that for franchise areas which will be served by a
18.22 system proposed to have fewer than 100 plant miles of cable:
18.23 (i) that within 90 days of the granting of the franchise,
18.24 the franchisee shall apply for the necessary governmental
18.25 permits, licenses, certificates, and authorizations;
18.26 (ii) that energized trunk cable must be extended
18.27 substantially throughout the authorized area within one year
18.28 after receipt of the necessary governmental permits, licenses,
18.29 certificates, and authorizations and that persons along the
18.30 route of the energized cable will have individual "drops" as
18.31 desired during the same period of time; and
18.32 (iii) that the requirement of this section may be waived by
18.33 the franchising authority only upon occurrence of unforeseen
18.34 events or acts of God construction of the cable communications
18.35 system must commence no later than 240 days after the granting
18.36 of the franchise; or
19.1 (2) that for franchise areas which will be served by a
19.2 system proposed to have 100 plant miles of cable or more, a
19.3 provision: construction of the cable communications system must
19.4 proceed at a reasonable rate of not less than 50 plant miles
19.5 constructed per year of the franchise term;
19.6 (i) (3) that within 90 days of the granting of the
19.7 franchise, the franchisee shall apply for the necessary
19.8 governmental permits, licenses, certificates, and
19.9 authorizations;
19.10 (ii) that engineering and design must be completed within
19.11 one year after the granting of the franchise and that a
19.12 significant amount of construction must be completed within one
19.13 year after the franchisee's receipt of the necessary
19.14 governmental permits, licenses, certificates, and
19.15 authorizations;
19.16 (iii) that energized trunk cable must be extended
19.17 substantially throughout the authorized area within five years
19.18 after commencement of construction and that persons along the
19.19 route of the energized cable will have individual "drops" within
19.20 the same period of time, if desired construction throughout the
19.21 authorized franchise area must be substantially completed within
19.22 five years of the granting of the franchise; and
19.23 (iv) (4) that the requirement of this section be waived by
19.24 the franchising authority only upon occurrence of unforeseen
19.25 events or acts of God;
19.26 (o) (n) unless otherwise already provided for by local law,
19.27 a provision that the franchisee shall obtain a permit from the
19.28 proper municipal authority before commencing construction of a
19.29 cable communications system, including the opening or
19.30 disturbance of a street, sidewalk, driveway, or public place.
19.31 The provision must specify remedies available to the franchising
19.32 authority in cases where the franchisee fails to meet the
19.33 conditions of the permit;
19.34 (p) (o) unless otherwise already provided for by local law,
19.35 a provision that wires, conduits, cable, and other property and
19.36 facilities of the franchisee be located, constructed, installed,
20.1 and maintained in compliance with applicable codes. The
20.2 provision must also specify that the franchisee keep and
20.3 maintain its property so as not to unnecessarily interfere with
20.4 the usual and customary trade, traffic, or travel upon the
20.5 streets and public places of the franchise area or endanger the
20.6 life or property of any person;
20.7 (q) (p) unless otherwise already provided for by local law,
20.8 a provision that the franchising authority and the franchisee
20.9 shall establish a procedure in the franchise for the relocation
20.10 or removal of the franchisee's wires, conduits, cables, and
20.11 other property located in the street, right-of-way, or public
20.12 place whenever the franchising authority undertakes public
20.13 improvements which that affect the cable equipment;
20.14 (r) (q) a provision incorporating by reference as a minimum
20.15 the technical standards promulgated by the Federal
20.16 Communications Commission relating to cable communications
20.17 systems contained in subpart K of part 76 of the Federal
20.18 Communications Commission's rules and regulations relating to
20.19 cable communications systems and found in Code of Federal
20.20 Regulations, title 47, sections 76.601 to 76.617. The results
20.21 of tests required by the Federal Communications Commission must
20.22 be filed within ten days of the conduct of the tests with the
20.23 franchising authority;
20.24 (s) (r) a provision establishing how the franchising
20.25 authority and the person operating a cable communications
20.26 company system shall determine who is to bear the costs of
20.27 required special testing;
20.28 (t) a provision pertaining to the franchisee's construction
20.29 and maintenance of a cable communications system having the
20.30 technical capacity for nonvoice return communications which, for
20.31 purposes of this section, means the provision of appropriate
20.32 system design techniques with the installation of cable and
20.33 amplifiers suitable for the subsequent insertion of necessary
20.34 nonvoice communications electronic modules.
20.35 In cases where an initial franchise is granted, the franchisee
20.36 shall provide a cable communications system having the technical
21.1 capacity for nonvoice return communications.
21.2 When a franchise is renewed, sold, or transferred and is served
21.3 by a system that does not have the technical capacity for
21.4 nonvoice return communications, the franchising authority shall
21.5 determine when and if the technical capacity for nonvoice return
21.6 communications is needed after appropriate public proceedings at
21.7 the municipal level giving reasonable notice and a reasonable
21.8 opportunity to be heard;
21.9 (u) (s) a provision stating that no signals of a class IV
21.10 cable communications channel may be transmitted from a
21.11 subscriber terminal for purposes of monitoring individual
21.12 viewing patterns or practices without the express written
21.13 permission of the subscriber. The request for permission must
21.14 be contained in a separate document with a prominent statement
21.15 that the subscriber is authorizing the permission in full
21.16 knowledge of its provisions. The written permission must be for
21.17 a limited period of time not to exceed one year, which is
21.18 renewable at the option of the subscriber. No penalty may be
21.19 invoked for a subscriber's failure to provide or renew the
21.20 authorization. The authorization is revocable at any time by
21.21 the subscriber without penalty of any kind. The permission must
21.22 be required for each type or classification of class IV cable
21.23 communications activity planned for the purpose;
21.24 (1) No information or data obtained by monitoring
21.25 transmission of a signal from a subscriber terminal, including
21.26 but not limited to lists of the names and addresses of the
21.27 subscribers or lists that identify the viewing habits of
21.28 subscribers, may be sold or otherwise made available to any
21.29 party person other than to the company and its employees for
21.30 internal business use, or to the subscriber who is the subject
21.31 of that information, unless the company has received specific
21.32 written authorization from the subscriber to make the data
21.33 available;
21.34 (2) Written permission from the subscriber must not be
21.35 required for the systems conducting systemwide or individually
21.36 addressed electronic sweeps for the purpose of verifying system
22.1 integrity or monitoring for the purpose of billing.
22.2 Confidentiality of this information is subject to clause (1);
22.3 (3) For purposes of this provision, a "class IV cable
22.4 communications channel" means a signaling path provided by a
22.5 cable communications system to transmit signals of any type from
22.6 a subscriber terminal to another point in the communications
22.7 system;
22.8 (v) (t) a provision specifying the procedure for the
22.9 investigation and resolution by the franchisee of complaints
22.10 regarding quality of service, equipment malfunction, billing
22.11 disputes, and other matters;
22.12 (w) (u) a provision requiring that at least a toll-free or
22.13 collect telephone number for the reception of complaints be
22.14 provided to the subscriber and that the franchisee shall
22.15 maintain a repair service capable of responding to subscriber
22.16 complaints or requests for service within 24 hours after receipt
22.17 of the complaint or request. The A provision must also state
22.18 who will bear the costs included in making these repairs,
22.19 adjustments, or installations;
22.20 (x) (v) a provision granting the franchising authority the
22.21 right to terminate and cancel the franchise and the rights and
22.22 privileges of the franchise if the franchisee substantially
22.23 violates a provision of the franchise ordinance, attempts to
22.24 evade the provisions of the franchise ordinance, or practices
22.25 fraud or deceit upon the franchising authority. The
22.26 municipality shall provide the franchisee with a written notice
22.27 of the cause for termination and its intention to terminate the
22.28 franchise and shall allow the franchisee a minimum of 30 days
22.29 after service of the notice in which to correct the violation.
22.30 The franchisee must be provided with an opportunity to be heard
22.31 at a public hearing before the governing body of the
22.32 municipality before the termination of the franchise;
22.33 (y) (w) a provision that no person operating a cable
22.34 communications company system, notwithstanding any provision in
22.35 a franchise, may abandon a cable communications service system
22.36 or a portion of it without having given three months prior
23.1 written notice to the franchising authority. No person
23.2 operating a cable communications company system may abandon a
23.3 cable communications service system or a portion of it without
23.4 compensating the franchising authority for damages resulting to
23.5 it from the abandonment;
23.6 (z) (x) a provision requiring that upon termination or
23.7 forfeiture of a franchise, unless otherwise required by
23.8 applicable law, the franchisee shall remove its cable, wires,
23.9 and appliances from the streets, alleys, and other public places
23.10 within the franchise area if the franchising authority so
23.11 requests, and a procedure to be followed in the event the
23.12 franchisee fails to remove its cable, wires, and appliances from
23.13 the streets, alleys, and other public places within the
23.14 franchise area;
23.15 (aa) (y) a provision that when a franchise or cable system
23.16 is offered for sale to be transferred or sold, the franchising
23.17 authority shall have has the right to purchase the system;
23.18 (bb) (z) a provision establishing the minimum number of
23.19 access channels that the franchisee shall make available. This
23.20 provision must require that the franchisee shall provide to each
23.21 of its subscribers who receive some or all of the services
23.22 offered on the system, reception on at least one specially
23.23 designated access channel. The specially designated access
23.24 channel may be used by local educational authorities and local
23.25 government on a first-come, first-served, nondiscriminatory
23.26 basis. During those hours that the specially designated access
23.27 channel is not being used by the local educational authorities
23.28 or local government, the franchisee shall lease time to
23.29 commercial or noncommercial users on a first-come, first-served,
23.30 nondiscriminatory basis if the demand for that time arises. The
23.31 franchisee may also use this specially designated access channel
23.32 for local origination during those hours when the channel is not
23.33 in use by local educational authorities, local government, or
23.34 commercial or noncommercial users who have leased time. The
23.35 provision may require the franchisee to provide separate public
23.36 access channels available for use by the general public on a
24.1 first-come, first-served, nondiscriminatory basis; local
24.2 educational access channels; local governmental access channels;
24.3 and channels available for lease on a first-come, first-served,
24.4 nondiscriminatory basis by commercial and noncommercial users.
24.5 The provision may require that whenever the specially designated
24.6 access channel required by this paragraph is in use during 80
24.7 percent of the weekdays, Monday through Friday, for 80 percent
24.8 of the time during a consecutive three-hour period for six weeks
24.9 running, and there is a demand for use of an additional channel
24.10 for the same purpose, the franchisee has six months in which to
24.11 provide a new, specially designated access channel for the same
24.12 purpose; provided that, the provision of the additional channel
24.13 or channels does not require the cable system to install
24.14 converters. The VHF spectrum must be used for one of the
24.15 public, educational, or governmental specially designated access
24.16 channel channels required in this paragraph. The provision must
24.17 also require that the franchisee shall establish rules for the
24.18 administration of the specially designated access channel.
24.19 Franchisees providing only alarm services or only data
24.20 transmission services for computer-operated functions do not
24.21 need to provide access channel reception to alarm and data
24.22 service subscribers., unless such channel is administered by a
24.23 municipality;
24.24 (aa) a provision specifying the minimum equipment that the
24.25 franchisee shall make available for public use. The provision
24.26 may require the franchisee to make readily available for public
24.27 use at least the minimal equipment necessary for the production
24.28 of programming and playback of prerecorded programs for the
24.29 access channels. The provision may require that, upon request,
24.30 the franchisee, at minimum, shall also make readily available
24.31 the minimum equipment necessary to make it possible to record
24.32 programs at remote locations with battery-operated portable
24.33 equipment; and
24.34 (bb) for a franchise in the metropolitan area, as defined
24.35 in section 473.121, a provision designating the standard VHF
24.36 channel 6 for uniform regional channel usage as required in
25.1 section 238.43.
25.2 Sec. 9. Minnesota Statutes 2002, section 238.11,
25.3 subdivision 2, is amended to read:
25.4 Subd. 2. [ACCESS CHANNEL.] No cable communications
25.5 company system may prohibit or limit a program or class or type
25.6 of program presented over a leased channel or a channel made
25.7 available for public access, governmental or educational
25.8 purposes. Neither the person operating a cable communications
25.9 company system nor the officers, directors, or employees of the
25.10 cable communications system is liable for any penalties or
25.11 damages arising from programming content not originating from or
25.12 produced by the cable communications company system and shown on
25.13 any public access channel, education access channel, government
25.14 access channel, leased access channel, or regional channel.
25.15 Sec. 10. [238.115] [CABLE PROVIDER COMPLAINTS.]
25.16 A cable communications company holding a franchise to
25.17 provide cable communications services in any area of this state
25.18 must immediately provide a consumer complaint telephone number
25.19 to any person who calls the company or its agent and asks for a
25.20 consumer complaint number. The number provided must be the
25.21 telephone number of a person or agency that is unaffiliated with
25.22 the cable communications company and that is organized to
25.23 provide assistance to complaining consumers.
25.24 Sec. 11. Minnesota Statutes 2002, section 238.22,
25.25 subdivision 13, is amended to read:
25.26 Subd. 13. [PROPERTY OWNER.] "Property owner" means any
25.27 person with a recorded interest in a multiple dwelling complex,
25.28 or person known to the person operating a cable communications
25.29 company system to be an owner, or the authorized agent of the
25.30 person.
25.31 Sec. 12. Minnesota Statutes 2002, section 238.23, is
25.32 amended to read:
25.33 238.23 [ACCESS REQUIRED.]
25.34 Subdivision 1. [PROVISION OF ACCESS.] A property owner or
25.35 other person controlling access shall provide a cable
25.36 communications company system access to the property owner's
26.1 multiple dwelling complex. The access provided must be
26.2 perpetual and freely transferable by one person operating a
26.3 cable communications company system to another. A cable
26.4 communications company system granted access, and its successors
26.5 in interest, must fully comply with sections 238.22 to 238.27.
26.6 Subd. 2. [RESIDENT'S RIGHTS.] The intent of sections
26.7 238.22 to 238.27 is to give residents the freedom to choose
26.8 among competing cable communications services and nothing in
26.9 sections 238.22 to 238.27 shall be interpreted to require
26.10 requires residents to hook up or subscribe to any services
26.11 offered by any cable communications company system or
26.12 alternative provider of cable communications services.
26.13 Sec. 13. Minnesota Statutes 2002, section 238.24,
26.14 subdivision 3, is amended to read:
26.15 Subd. 3. [INSTALLATION; BOND.] The facilities must be
26.16 installed in an expeditious and workmanlike manner, must comply
26.17 with applicable codes, and must be installed parallel to utility
26.18 lines when economically feasible. A property owner may require
26.19 a person operating a cable communications company system to post
26.20 a bond or equivalent security in an amount not exceeding the
26.21 estimated cost of installation of the cable communications
26.22 facilities on the premises. Any bond filed by a cable
26.23 communications company system with a municipality which that
26.24 would provide coverage to the property owner as provided under
26.25 this subdivision shall be considered to fulfill fulfills the
26.26 requirements of this subdivision.
26.27 Sec. 14. Minnesota Statutes 2002, section 238.24,
26.28 subdivision 4, is amended to read:
26.29 Subd. 4. [INDEMNIFY FOR DAMAGE.] A person operating a
26.30 cable communications company system shall indemnify a property
26.31 owner for damage caused by the company in the installation,
26.32 operation, maintenance, or removal of its facilities.
26.33 Sec. 15. Minnesota Statutes 2002, section 238.24,
26.34 subdivision 6, is amended to read:
26.35 Subd. 6. [MASTER ANTENNA TELEVISION SYSTEM.] Nothing in
26.36 sections 238.22 to 238.27 precludes a property owner from
27.1 entering into an agreement for use of a master antenna
27.2 television system by a person operating a cable communications
27.3 company system or other television communications service.
27.4 Sec. 16. Minnesota Statutes 2002, section 238.24,
27.5 subdivision 9, is amended to read:
27.6 Subd. 9. [NOT RETROACTIVE.] Nothing in sections 238.22 to
27.7 238.27 affects the validity of an agreement effective before
27.8 June 15, 1983 between a property owner, a person operating a
27.9 cable communications company system, or any other person
27.10 providing cable communications services on or within the
27.11 premises of the property owner.
27.12 Sec. 17. Minnesota Statutes 2002, section 238.24,
27.13 subdivision 10, is amended to read:
27.14 Subd. 10. [CHANNEL CAPACITY.] (a) A property owner must
27.15 provide access by to a franchised person operating a cable
27.16 communications company system, as required under section 238.23,
27.17 only if that cable company installs equipment with channel
27.18 capacity sufficient to provide access to other providers of
27.19 television programming or cable communications services so that
27.20 residents or association members have a choice of alternative
27.21 providers of those services. If the equipment is installed, the
27.22 cable communications company system shall allow alternative
27.23 providers to use the equipment. If some of the residents or
27.24 association members choose to subscribe to the services of an
27.25 alternative provider, the cable company that installed the
27.26 equipment shall must be reimbursed by the other providers for
27.27 the cost of equipment and installation on the property on a pro
27.28 rata basis which that reflects the number of subscribers of each
27.29 provider on that property to the total number of subscribers on
27.30 that property. In determining the pro rata amount of
27.31 reimbursement by any alternative provider, the cost of equipment
27.32 and installation shall must be reduced to the extent of
27.33 cumulative depreciation of that equipment at the time the
27.34 alternative provider begins providing service.
27.35 (b) If equipment is already installed as of June 15, 1983,
27.36 with channel capacity sufficient to allow access to alternative
28.1 providers, the access and pro rata reimbursement provisions of
28.2 paragraph (a) apply.
28.3 Sec. 18. Minnesota Statutes 2002, section 238.242,
28.4 subdivision 1, is amended to read:
28.5 Subdivision 1. [PROVIDING ALTERNATIVE SERVICE.] Other
28.6 providers of television programming or cable communications
28.7 services shall notify the person operating a cable
28.8 communications company system when a resident or association
28.9 member occupying a dwelling unit in a multiple dwelling complex
28.10 requests the services provided for by this section or section
28.11 238.241. After reaching agreement with the alternative service
28.12 provider for reimbursement to be paid for use of the equipment,
28.13 the cable communications company system shall make available the
28.14 equipment necessary to provide the alternative service without
28.15 unreasonable delay.
28.16 Sec. 19. Minnesota Statutes 2002, section 238.242,
28.17 subdivision 3, is amended to read:
28.18 Subd. 3. [FINANCIAL RECORDS MADE AVAILABLE.] The person
28.19 operating a cable communications company system, upon written
28.20 request, shall make available to the alternative provider
28.21 financial records supporting the reimbursement cost requested.
28.22 Sec. 20. Minnesota Statutes 2002, section 238.25,
28.23 subdivision 5, is amended to read:
28.24 Subd. 5. [SERVICE OF PETITION.] The petition must be
28.25 served upon all persons named in the petition as property owners
28.26 in the same manner as a summons in a civil action; except that,
28.27 service may be made upon a property owner by three weeks'
28.28 published notice if the person operating a cable communications
28.29 company system, its or the person's agent or attorney, files an
28.30 affidavit stating on belief that the property owner is not a
28.31 resident of the state and that the company has mailed a copy of
28.32 the notice to the property owner at the property owner's place
28.33 of residence, or that after diligent inquiry the property
28.34 owner's place of residence cannot be ascertained by the
28.35 company. If the state is a property owner, the notice must be
28.36 served upon the attorney general. Any property owner not served
29.1 as provided under this paragraph is not bound by the proceeding
29.2 unless the property owner voluntarily appears therein in the
29.3 proceeding.
29.4 Sec. 21. Minnesota Statutes 2002, section 238.25,
29.5 subdivision 10, is amended to read:
29.6 Subd. 10. [FINAL CERTIFICATE.] Upon completion of the
29.7 proceedings, the attorney for the person operating the cable
29.8 communications company system shall make a certificate
29.9 describing the access acquired and the purpose or purposes for
29.10 which acquired, and reciting the fact of final payment of all
29.11 awards or judgments in relation thereto. The certificate must
29.12 be filed with the court administrator and a certified copy
29.13 thereof filed for record with the county recorder. The record
29.14 is notice to all parties of the access to the premises described
29.15 in the petition.
29.16 Sec. 22. Minnesota Statutes 2002, section 238.35,
29.17 subdivision 1, is amended to read:
29.18 Subdivision 1. [LEGISLATIVE FINDINGS.] There is a
29.19 long-standing legislative policy in the state of Minnesota to
29.20 provide for the dedication or other provision of easements and
29.21 public rights-of-way required by public utilities and cable
29.22 communications companies systems. Except for applicable
29.23 governmental rules, these easements do not include any
29.24 limitation on the type, number, or size of cables or related
29.25 cable communication system components. There is a public
29.26 understanding and acceptance of the need of public utilities and
29.27 cable communications companies systems to have the ability to
29.28 use existing utility easements and public rights-of-way in order
29.29 to provide new and improved cable communications services made
29.30 possible by technological developments and to make changes to
29.31 the cables or related cable communication systems components.
29.32 Changing technology has caused and will continue to cause over
29.33 time the development of new cable communications services
29.34 requiring changing uses of existing utility easements and public
29.35 rights-of-way. Cable communications companies systems have a
29.36 need to use existing utility easements and public rights-of-way
30.1 in order to deliver their services to the public. The addition
30.2 of cable communications system components does not constitute an
30.3 unanticipated or added burden on the real estate subject to the
30.4 easements or public rights-of-way.
30.5 Sec. 23. Minnesota Statutes 2002, section 238.35,
30.6 subdivision 4, is amended to read:
30.7 Subd. 4. [RESTRICTIONS ON USE.] (a) As a condition of
30.8 using any utility easement, a cable communications company shall
30.9 be system is subject to any burdens, duties, or obligations
30.10 specified in the easement of the grantee of the easement.
30.11 (b) Subject to any applicable rights and obligations of
30.12 sections 237.162 and 237.163 and any local right-of-way
30.13 ordinance adopted under those statutes, a person operating a
30.14 cable communications company system shall restore the real
30.15 estate, and any landscaping or improvements thereon, to the
30.16 condition they were in prior to entry within 30 days of
30.17 completing the installation of the cables and related cable
30.18 communications system components upon that real estate and to
30.19 make changes to the cables or related cable communication
30.20 systems components. Changing technology has caused and will
30.21 continue to cause over time the development of new cable
30.22 communications services requiring changing uses of existing
30.23 utility easements. Restoration which cannot be completed during
30.24 the winter months must be accomplished as promptly as weather
30.25 conditions permit.
30.26 Sec. 24. Minnesota Statutes 2002, section 238.36,
30.27 subdivision 2, is amended to read:
30.28 Subd. 2. [CABLE COMMUNICATIONS COMPANY'S SYSTEM'S
30.29 EQUIPMENT.] "Cable communications company's system's equipment"
30.30 means aerial wires, cables, amplifiers, associated power supply
30.31 equipment, and other transmission apparatus necessary for the
30.32 proper operation of the cable communications system in a
30.33 franchised area.
30.34 Sec. 25. Minnesota Statutes 2002, section 238.39, is
30.35 amended to read:
30.36 238.39 [LEGAL AUTHORITY.]
31.1 Every pole, duct, and conduit agreement must contain a
31.2 provision that the cable communications company system shall
31.3 submit to the public utility company evidence of the cable
31.4 communications company's system's lawful authority to place,
31.5 maintain, and operate its facilities within public streets,
31.6 highways, and other thoroughfares and shall secure the legally
31.7 necessary permits and consents from federal, state, county, and
31.8 municipal authorities to construct, maintain, and operate
31.9 facilities at the locations of poles or conduit systems of the
31.10 public utility company which that it uses. The parties to the
31.11 agreement shall at all times observe and comply with, and the
31.12 provisions of a pole, duct, and conduit agreement are subject
31.13 to, the laws, ordinances, and rules which that in any manner
31.14 affect the rights and obligations of the parties to the
31.15 agreement, so long as the laws, ordinances, or rules remain in
31.16 effect.
31.17 Sec. 26. Minnesota Statutes 2002, section 238.40, is
31.18 amended to read:
31.19 238.40 [LIABILITY; INDEMNIFY PUBLIC UTILITY.]
31.20 (a) Every pole, duct, and conduit agreement must contain a
31.21 provision that the cable communications company system shall
31.22 defend, indemnify, protect, and save harmless the public utility
31.23 from and against any and all claims and demands for damages to
31.24 property and injury or death to persons, including payments made
31.25 under any worker's compensation law or under any plan for
31.26 employees' disability and death benefits, which may arise out of
31.27 or be caused:
31.28 (1) by the erection, maintenance, presence, use, or removal
31.29 of the cable communications company's system's cable, equipment,
31.30 and facilities or by the proximity of the cables, equipment, and
31.31 facilities of the parties to the agreement,; or
31.32 (2) by any act of the cable communications company system
31.33 on or in the vicinity of the public utility company's poles and
31.34 conduit system, in the performance of the agreement. Nothing
31.35 contained in this section relieves the public utility company
31.36 from liability for the negligence of the public utility company
32.1 or anyone acting under its direction and control.
32.2 (b) The cable communications company system shall also
32.3 indemnify, protect, and save harmless the public utility:
32.4 (1) from any and all claims and demands which that arise
32.5 directly or indirectly from the operation of the cable
32.6 communications company's system's facilities including taxes,
32.7 special charges by others, claims, and demands (i) for damages
32.8 or loss for infringement of copyright, (ii) for libel and
32.9 slander, (iii) for unauthorized use of television broadcast
32.10 programs, and (iv) for unauthorized use of other program
32.11 material,; and
32.12 (2) from and against all claims and demands for
32.13 infringement of patents with respect to the manufacture, use,
32.14 and operation of the cable communications equipment in
32.15 combination with the public utility company's poles, conduit
32.16 system, or otherwise.
32.17 (c) Nothing contained in this section relieves the public
32.18 utility company from liability for the negligence of the public
32.19 utility company or anyone acting under its direction and control.
32.20 Sec. 27. Minnesota Statutes 2002, section 238.43,
32.21 subdivision 1, is amended to read:
32.22 Subdivision 1. [DEFINITION REGIONAL CHANNEL ENTITY.] For
32.23 the purposes of this section "Regional channel entity" or
32.24 "entity" means an independent, nonprofit corporation to govern
32.25 the operation of the regional channel.
32.26 Sec. 28. [REVISOR INSTRUCTIONS.]
32.27 (a) The revisor of statutes shall delete the words "shall
32.28 mean" and insert "means" where found in Minnesota Statutes,
32.29 section 238.02.
32.30 (b) The revisor of statutes shall change the term "cable
32.31 communications company" to "cable communications system" where
32.32 found in Minnesota Statutes, chapter 238.
32.33 (c) In Minnesota Statutes, section 238.18, subdivision 1,
32.34 the revisor of statutes shall delete paragraph (a) and renumber
32.35 paragraph (b) as section 238.02, subdivision 1b, and renumber
32.36 paragraph (c) as section 238.02, subdivision 34.
33.1 (d) In Minnesota Statutes, section 238.22, the revisor of
33.2 statutes shall renumber subdivision 6 as section 238.02,
33.3 subdivision 1a; subdivision 7 as section 238.02, subdivision 1c;
33.4 subdivision 8 as section 238.02, subdivision 1d; subdivision 10
33.5 as section 238.02, subdivision 21a; subdivision 11 as section
33.6 238.02, subdivision 28a; subdivision 12 as section 238.02,
33.7 subdivision 29a; subdivision 13 as section 238.02, subdivision
33.8 31a; and subdivision 14 as section 238.02, subdivision 31d.
33.9 (e) In Minnesota Statutes, section 238.36, the revisor of
33.10 statutes shall renumber subdivision 2 as section 238.02,
33.11 subdivision 3a; subdivision 3 as section 238.02, subdivision
33.12 20a; and subdivision 4 as section 238.02, subdivision 31b.
33.13 (f) The revisor of statutes shall renumber Minnesota
33.14 Statutes, section 238.43, subdivision 1, as section 238.02,
33.15 subdivision 31c.
33.16 Sec. 29. [REPEALER.]
33.17 Minnesota Statutes 2002, sections 238.01; 238.02,
33.18 subdivisions 2, 17, 18, 19, and 25; 238.082; 238.083,
33.19 subdivisions 3 and 5; 238.084, subdivisions 2, 3, and 5; 238.12,
33.20 subdivision 1a; and 238.36, subdivision 1, are repealed.